Legally Dealing With Problem Employees From Start to Finish

Agenda / Content Covered

1. Disciplining and Firing Employees on Leave: Avoiding Legal Landmines
   10:00 - 11:00, Keely Jac Collins
   1. ADA, FMLA, and Workers' Comp Pitfalls to Avoid
   2. Handling Performance Issues and Evaluations
   3. Strategies for Addressing Leave Abuse
   4. Guidelines for Disciplining Disabled or Injured Employees
   5. Best Practices for Creating Legally Defensible Documentation and Policies
   6. How to Terminate Employees on Leave: Legal Essentials
   7. Timing Considerations
   8. 2022 Case Law Update
2. Managing Mental Health Issues in the Workplace
   11:00 - 11:30, Keely Jac Collins
   1. Protected Mental Impairments: What Are They?
   2. Privacy Rights and Right to Accommodations Issues
   3. Policies, Procedures, and Documentation Best Practices
   4. Addressing Behavioral and Performance Issues: Tips and Liability Considerations
   5. Disciplining and Firing Employees With Mental Illnesses: Legal Best Practices
   6. The Direct Threat Defense
   7. Litigation Strategies
3. Creating and Implementing Performance Improvement Plans (PIPs)
   11:45 - 12:15, Keely Jac Collins
   1. PIPs - When to Use Them, and What They Should Contain
   2. Specifying the Problem Behavior
   3. Issuing Warnings: What You Need to Know
   4. Following Up: Why It Matters
   5. PIP Dos and Don'ts: With Example Documents
4. When the Problem Employee Is a Member of a Protected Class
   12:15 - 1:00, Louis R. Cohan
   1. Discrimination Laws - Recent Developments
   2. Disciplining or Terminating Older Employees: Essential Guidelines
   3. Preventing Sex or Pregnancy Discrimination Allegations: Ensuring Legal Best Practices
   4. Race, Gender Identity, Sexual Orientation, and Religious Discrimination Concerns
   5. Legal Best Practices for Preventing Retaliation Claims
   6. EEOC Litigation Trends
5. Strategies for Addressing Workplace Harassment and Bullying
   1:30 - 2:15, Thomas J. Mew
   1. Recent Legislative Efforts and Litigation Trends
   2. Addressing Hostile Work Environment and Harassment Issues
   3. Legal Best Practices for Creating and Updating Bullying Policies: With Examples
   4. Strategies for Addressing Bullying in the Workplace
   5. Conducting a Workplace Investigation: How to Do It Right
   6. When the Problem Is a High-Impact Player
   7. Avoiding Claims of Intentional Infliction of Emotional Distress
6. Employees Gone Wild: Marijuana Use, Social Media, and More
   2:15 - 3:00, Thomas J. Mew
   1. Social Media Use at the Workplace
   2. Employee Misuse vs. Protected Use of Social Media
   3. Handling Social Media Posts About the Company
   4. Alcohol, Medical Marijuana, and Drug Use: What You Need to Know NOW
   5. Preventing Violence in the Workplace: Key Steps to Take
   6. Political Activity and Speech: Differentiating Permitted vs. Unpermitted Behaviors
   7. Disciplining Employees for Off-Duty Conduct
7. Top Mistakes That Lead to Legal Troubles
   3:15 - 4:00, Louis R. Cohan
   1. Criminal Background Checks - Recent Legal Developments
   2. Employee Handbooks and Policies: Dos, Don'ts, and Sample Language
   3. Failing to Detect or Address Problem Behavior
   4. Documentation: Common Oversights
   5. Errors in Evaluating, Disciplining, and Firing Problem Employees
8. Ethical Considerations
   4:00 - 5:00, Louis R. Cohan
   1. Conflicts of Interest
   2. Preserving Attorney-Client Privilege
   3. Attorneys' Fees
   4. Appropriate Client Communications

Accreditation Details:

Louis R Cohan founded Cohan Law Group, L.L.C., and has been a trial lawyer for more than 25 years. Mr. Cohan has done work in breach of contract, fraud, injunctive relief, punitive damages, employment, trade secrets, real estate, construction and construction defects, and civil rights litigation. His practice is concentrated on business litigation and employment litigation. He serves on the boards of the Atlanta Bar Association (treasurer-Litigation Section, chair-Small Firm Section), and the Atlanta Bar Foundation, as well as being a member of the American Board of Trial Advocates (ABOTA). Mr. Cohan earned his B.S. degree from the University of Georgia and his J.D. degree from Emory School of Law.

Jennifer A Corso is an attorney at The Law Office of Jennifer A. Corso, LLC. Ms. Corso has more than 20 years of experience representing management in employment and labor law, and is certified by the Ohio State Bar Association as a specialist in labor and employment law. She has written several articles and spoken at numerous seminars and to community business groups on employment law topics. Ms. Corso is licensed to practice before all courts in the state of Ohio and the U.S. Federal Court for the Northern District of Ohio. She earned her B.S. degree from Eastern Michigan University and her J.D. degree from Cleveland-Marshall College of Law.

Keely Jac Collins , Esquire, LL.M., is a partner with Elarbee, Thompson, Sapp & Wilson LLP. As both counselor and advocate for businesses large and small across all sectors, unionized and non-unionized, she takes a practical approach to advising and advocating for businesses nationwide. Both small family businesses and corporate boards of directors have benefited from her attention to the details of law and business, creative solutions, and zealous advocacy for businesses in negotiations before numerous administrative agencies, and in all levels of state and federal court. As an experienced collaborator with large organizations' in-house counsel and general and employment counsel, she is trusted by other attorneys to strengthen the value they offer to the organizations they serve. Ms. Collins holds an LL.M. degree in tax, with a specialization in employee benefits, from Villanova University School of Law, and she earned her J.D. degree from Widener University School of Law.

Thomas J Mew is a partner with Buckley Beal, LLP, where he practices a broad range of employment law matters, including both individual and class action wage and hour, discrimination and harassment litigation, as well as in arbitration and mediation. He also is an advisor on employment contracts, releases, and restrictive covenant issues. Mr. Mew is the co-author of Georgia Motion Practice, a guide to civil motion practice in Georgia's trial and appellate courts and the co-author of Georgia Employment Law. He has litigated in state and federal courts at both trial and appellate levels, including the United States Supreme Court. Mr. Mew earned his J.D. degree from the University of Georgia, School of Law.